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W. E. C a m p
Instructor
Civil Engineering, Purdue
151
152
OBLIGATIONS AND L IA B IL IT IE S
As a land surveyor, what do you owe to your client and what
are your liabilities? You are obligated to bring to each job only
that professional competence which any land surveyor would bring
to the job. If you complete a task by the use of procedures which
any other average land surveyor would use under like conditions,
then you have perhaps discharged your duties in a manner satis
factory to the law. Absolute accuracy is by no means guaranteed
or implied in the above statements.
There is no place in our profession for the man who implies
that for a higher price he will do a “better job” of surveying! All
of the work we do should be done to the very best of our ability,
and with the thought in mind that we might need to defend our
actions and procedures in court; in fact, there is where your liabil
ities might first dawn upon you!
If you are employed to make a lot survey and erroneously
locate the line so that the client builds over on his neighbor’s land,
you are very likely liable for the damages which your client suffers
in moving his house, or acquiring the extra land needed! Doesn’t
it seem that the realization of such liability on the part of the sur
veyor would almost automatically eliminate the cursory five-dollar
lot survey? Of course, if you merely made the mistake of parting
off too much land, you would probably lose only the amount of
your fees for the job. These two liabilities should serve to make us
proceed with great care so that our actions can be defended in
court, and shown to be those of an ordinary prudent land surveyor.
And you should remember that your liability is the same whether
you are a county surveyor, or a private surveyor.
will meet these problems out in the field, and in a good many instances
you must make your decisions right there in the field. Justice
and fairness certainly should be the essence of all decisions which
you may make.
In the rural areas, you are all aware of the fact that rarely
do we find the distance from one section line to another section line
to be 5,280 feet, nor will the half-mile contain 2,640 feet, nor will
the quarter-mile contain 1,320 feet. I happen to remember a par
ticular quarter-mile which measured 1,343.3 feet.
Whenever a distance is measured and found to be different
than the value given in the original land survey, it is proper that
it be recorded as the true distance which you found it to be. When
new descriptions are written, there is no reason why an incorrect
distance should be recorded in the new description just because it
has appeared incorrectly in dozens of previous descriptions. It cer
tainly isn’t wrong to record distances (and angles, too) as they
actually exist upon the ground.
Of course, there are many "paper surveys” on record where
land line intersection angles are always 90° and the distances are
all proper divisions of 5,280 feet. I have yet to find two intersecting
land lines which form an angle of exactly 90°. The distances and
angles should, and must be, recorded as they actually exist, if our
surveys are to mean anything.
SU B-DIVISION SURVEYS
At present, the land surveyor is frequently called upon to
make the survey for a sub-division adjacent to or within city limits
and he should have a clear understanding of the steps involved.
It seems obvious that if we are to divide a given area we must
know how much area there is to divide; therefore, the first thing
to do is to make a boundary survey of the area involved, and be
sure we have an acceptable 1/d. Many cities have specifications
governing the making of subdivisions, stating minimum widths for
streets, sight distances on curves, types of monuments which shall
be used, etc.
West Lafayette specifications call for a 1/d of 1/5000 for sub
division work, which is not at all unreasonable, as many farm
surveys will be of this order or even higher. Along with the
boundary survey it may be found desirable to make a topographic
survey of the area, especially if the land is rolling to rough, and
the streets and lots are to take advantage of the lay of the land.
After the boundary and topographic survey have been drafted
on tracing paper, or cloth, tentative street and lot lay-outs can be
developed and studied, and shown to the client for approval. When
a satisfactory lay out is developed on paper you can start to
actually lay out the streets and lots in the field, and you will find
out that dimensions which were scaled on your tentative lay-out plan
will not always work out in the field. The setting of iron stakes
and concrete monuments should be done at this time and the actual
distances and angles measured and recorded on your final map.
When curved streets are used in a sub-division, all the pertinent
curve data should be shown on the map for future reference, as the
relocation of lot lines along curved streets is somewhat difficult
when the curve data is missing. The surveyor 25 years hence will
not be as familiar with the job as you are right now. When the
final map is completed, with all distances and angles recorded as
they actually exist in the field, the certification and seal of the
surveyor should be appended to the map. Of course, there will
also need to be the proper statements concerning dedication, re
strictions, and places for signatures of proper county and/or city
officials.
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A FA IR CHARGE
And now that you have developed an acceptable subdivision
plot for your client, and helped steer him through the various
laws governing the development of that plot, how much is a fair
charge? You have taken land worth perhaps two or three hundred
dollars per acre, and by your knowledge and effort changed it into
land worth perhaps five to seven thousand dollars per acre—yes,
perhaps up to twenty or twenty-five thousand dollars per acre! It
seems to me that you have created wealth, and under our free
enterprise system you should be allowed to participate in that
wealth. How much? Here again you will need to exercise judg
ment and discretion, but as land surveyors, we might look to other
professions in our society and be governed accordingly.